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Shabbat Parashat Ki Teitzei 5779

P'ninat Mishpat: Authority of the Beit Din to Hear Arguably Late Appeal

(based on ruling 75001 of the Eretz Hemdah-Gazit Rabbinical Courts)

Case: Beit din rendered a partial ruling on some of the matters in disagreement. More than 30 days after the partial ruling, but before the end of adjudication, the defendant (=def) claimed to have found proof that the plaintiff (=pl) deceived beit din in a way that was responsible for the ruling. Def claims that whenever proof is brought, it should be accepted. Pl argues that according to this beit din’s rules, one only has 30 days, which have passed.  

 

Ruling: According to Halacha, it is possible to overturn a ruling by new evidence at any point (Shulchan Aruch, Choshen Mishpat 20:1). According to the rules of our beit din, which operates according to the authority provided by the Law of Arbitration, once a ruling is given, it can be overturned only through the appeal process as prescribed in our rules and procedures. The reason for preferring the Law of Arbitration is that this is the only way to make rulings enforceable, and only when a beit din can enforce a ruling is it required to adjudicate (see Eretz Hemdah-Gazit ruling 74092). The rule in our batei din, is that we will not adjudicate when the sides cannot enforce our ruling.  

According to the Law of Arbitration (Par. 21), a partial ruling has the same status as a full ruling regarding its finality. If the sides agreed in advance through an arbitration agreement that there will be a possibility of appeal, then that process can undo the ruling. Our arbitration agreement sets out an appeal procedure which gives thirty days to appeal. However [at the time] it did not state explicitly if the thirty days are counted from the time of the partial ruling or the end of the adjudication. Although there is some logic in both directions, the point of departure has to be that the time is from the partial ruling.

Since beit din has to adjudicate further on the dispute, we recommend that def present his new proofs, which may have an impact on the rest of the case. If it turns out that it does not impact the partial ruling, beit din will be able to explain this in its final ruling and hopefully put def’s mind at rest. If it information should change the ruling, beit din can deal with the ramifications at that time. One of the possibilities is for def to appeal to the regional courts to allow the arbitrator’s authority to extend to the matter of the partial ruling based on the new information.  
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Dedication

We daven for a complete and speedy refuah for:

 

Nir Rephael ben Rachel Bracha
Refael Yitchak ben Chana

Netanel Ilan ben Sheina Tzipora

Netanel ben Sarah Zehava

Yehuda ben Chaya Esther

Meira bat Esther

Yair Menachem ben Yehudit Chana

Rivka Reena bat Gruna Natna

David Chaim ben Rassa

Lillian bat Fortune

Yafa bat Rachel Yente

Eliezer Yosef ben Chana Liba

Ro'i Moshe Elchanan ben Gina Devra

 

Together with all cholei Yisrael

 

Hemdat Yamim is dedicated

to the memory of:

those who fell in wars

for our homeland

Eretz Hemdah's beloved friends

and Members of

Eretz Hemdah's Amutah

Rav Shlomo Merzel z”l
Iyar   10

Rav Reuven Aberman z"l

Tishrei 9 5776


Mr. Shmuel Shemesh  z"l
Sivan 17 5774

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8 5776


Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

Tamuz 10   5774


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Kislev 9 5769

R'  Meir ben

Yechezkel Shraga Brachfeld z"l


R'  Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l


Rav Yisrael Rozen z"l
Cheshvan 13, 5778


Rav Benzion Grossman z"l
Tamuz 23 5777

 

Rav Moshe Zvi (Milton)

Polin z"l

Tammuz 19, 5778

 

R' Yitzchak Eliezer

ben Avraham Mordechai

Jacobson a”h
Elul 15

 

R' Abraham Klein z"l

Iyar 18 5779

 

Mr. Isaac Moinester z"l

Elul 5

 

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is endowed by Les & Ethel Sutker
of Chicago, Illinois
in loving memory of
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and
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